#aagth ,,congress #ast ,session ,h4 ,r4 #bdga ,,an ,,act ,to measure the progress of post-disaster recovery and efforts to address corruption1 governance1 rule of law1 and media freedoms in ,haiti4 #a4 ,short title ,this ,act may be cited as the ,haiti ,development1 ,accountability1 and ,institutional ,transparency ,initiative ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,january #ab1 #bjaj1 a massive earthquake struck near the ,haitian capital city of ,port-au-,prince1 leaving at least #bbj1jjj people dead1 including #ajc ,united ,states citizens1 #aja ,united ,nations personnel1 and nearly #ah percent of ,haiti's civil service1 as well as #cjj1jjj injured1 #aae1jjj homes destroyed1 and #a1ejj1jjj ,haitians displaced4 7#b7 ,the international community1 led by the ,united ,states and the ,united ,nations1 mounted an unprecedented humanitarian response to the earthquake in ,haiti4 ,through #bjah1 more than #h1jjj1jjj1jjj has been disbursed by donors4 ,since the #bjaj earthquake1 the ,united ,states ,government has disbursed more than #d1jjj1jjj1jjj in recovery and development funding4 7#c7 ,on ,october #d1 #bjaf1 ,hurricane ,matthew struck southwestern ,haiti on the ,tiburon ,peninsula1 causing widespread damage and flooding and leaving #a4d million people in need of immediate assistance4 ,recovery efforts continue more than four years later4 7#d7 ,prior to both the #bjaj earthquake and #bjaf hurricane1 ,haiti registered among the lowest in socioeconomic indicators and had the second highest rate of income disparity in the world--conditions that have further complicated disaster recovery and resilience efforts4 ,as of ,november #bjbj1 #d1djj1jjj people were in need of humanitarian assistance in ,haiti4 7#e7 ,since #bjah1 tens of thousands of ,haitians have participated in popular demonstrations demanding accountability over government management of ,petrocaribe resources4 ,in early #bjai1 the ,haitian superior court of auditors released a series of reports implicating high-level government officials in the misappropriation of funds4 7#f7 ,the ,united ,nations ,human ,rights ,office of the ,high ,commissioner and the ,human ,rights ,service jointly found a #ccc percent increase in human rights violations and abuses against the rights of life and security in ,haiti from ,july #bjah through ,december #bjai4 ,there were #aca violations in #bjah and #efg violations in #bjai1 including the shooting of at least five ,haitian journalists covering the protests4 7#g7 ,leading members of civil society have faced attacks1 including ,monferrier ,dorval1 a constitutional law expert and president of the ,port-au-,prince bar who was killed on ,august #bh1 #bjbj4 7#h7 ,on ,november #ac1 #bjah1 according to the ,haitian ,national ,human ,rights ,defense ,network1 at least #ga people were killed and #ah people were raped in the ,port-au-,prince neighborhood of ,la ,saline4 7#i7 ,on ,december #aj1 #bjbj1 the ,department of the ,treasury's ,office of ,foreign ,assets ,control designated former ,haitian ,national ,police officer ,jimmy ,cherizier1 former ,director ,general of the ,ministry of the ,interior ,fednel ,monchery1 and former ,departmental ,delegate ,joseph ,pierre ,richard ,duplan pursuant to the ,global ,magnitsky ,executive ,order for being foreign persons responsible for or complicit in1 or having directly or indirectly engaged in1 serious human rights abuse for their connection to the ,la ,saline massacre4 7#aj7 ,following the ,la ,saline massacre1 similar attacks have occurred in ,port-au-,prince neighborhoods1 including the ,november #bjai and ,august #bjbj attacks on ,bel ,air1 in which #bd people were killed and hundreds of families were displaced4 7#aa7 ,parliamentary elections scheduled for ,october #bjai did not take place1 and since ,january #ac1 #bjbj1 ,president ,jovenel ,mose has ruled by decree4 ,the ,united ,states and international community have urged ,president ,moise to limit the use of executive decrees during this period and have expressed concern over several decrees issued1 including those creating the ,national ,intelligence ,agency and appointing three new judges to the ,supreme ,court outside of constitutional procedures4 ,haitian civil society organizations have denounced the president's use of decrees as an attempt to consolidate power4 7#ab7 ,due to institutional weakness and other challenges exacerbated by the ,,covid-#ai pandemic1 ,haiti's economy contracted by an estimated #d percent in #bjbj and inflation neared #bj percent4 ,although there has been no parliament in place since ,january #bjbj1 the ,haitian ,government approved a budget on ,september #cj1 #bjbj4 ,however1 the delay prevented the ,international ,monetary ,fund and other multilaterals from disbursing millions in international assistance4 7#ac7 ,in ,september #bjbj1 ,president ,mose bypassed the ,supreme ,court to appoint a ,provisional ,electoral ,council 7,,cep7 by executive decree ,several civil society groups that traditionally participate in ,haiti's electoral councils criticized the decision and have declined to be represented in the ,,cep4 7#ad7 ,the ,mose administration lacks the credibility to oversee a proposed constitutional referendum scheduled for ,june #bjba1 which legal experts consider unconstitutional4 7#ae7 ,there are concerns that1 given the lack of democratic checks and balances1 the dispute over the credibility of the electoral council1 and the deteriorating security situation1 elections scheduled for ,september #bjba will not be free or fair4 ,additionally1 the security situation remains volatile and on ,february #g1 #bjba1 ,president ,mose alleged that a coup had been attempted against him leading to #bc arrests and the forced retirement of three ,supreme ,court judges4 #c4 ,statement of policy ,it is the policy of the ,united ,states to support the sustainable rebuilding and development of ,haiti in a manner that-- 7#a7 recognizes ,haitian independence1 self-reliance1 sovereignty1 democratic governance1 and efficiency2 7#b7 promotes efforts that are led by and support the people and ,government of ,haiti at all levels so that ,haitians lead the course of reconstruction and development of ,haiti2 7#c7 builds the long-term capacity of the ,government of ,haiti1 civil society in ,haiti1 and the private sector to foster economic opportunities in ,haiti2 7#d7 fosters collaboration between the ,haitian diaspora in the ,united ,states1 including dual citizens of ,haiti and the ,united ,states1 with the ,haitian ,government and the business community in ,haiti2 7#e7 supports anti-corruption efforts1 promotes press freedom1 and addresses human rights concerns1 including through the enforcement of sanctions imposed in accordance with the ,global ,magnitsky ,human ,rights ,accountability ,act on individuals implicated in human rights violations2 7#f7 respects and helps restore ,haiti's natural resources1 as well as strengthens community-level resilience to environmental and weather-related impacts2 7#g7 promotes the holding of free1 fair1 and timely elections in accordance with democratic principles and the ,haitian ,constitution2 7#h7 provides timely and comprehensive reporting on ,haiti and the ,united ,states ,government's goals and progress1 as well as transparent post program evaluations and contracting data2 7#i7 promotes the participation of ,haitian women and youth in governmental and nongovernmental institutions and in economic development and governance assistance programs funded by the ,united ,states2 and 7#aj7 does not provide support to facilitate the proposed ,june #bjba constitutional referendum1 including through multilateral organizations4 #d4 ,strengthening human rights and anticorruption efforts in haiti and holding perpetrators of the la saline massacre accountable 7a7 ,secretary of state prioritization ,the ,secretary of ,state shall prioritize the protection of human rights and anticorruption efforts in ,haiti by the following methods3 7#a7 ,fostering strong relationships with independent civil society groups focused on monitoring corruption and human rights abuses and promoting democracy in ,haiti4 7#b7 ,supporting the efforts of the ,haitian ,government to identify persons involved in human rights violations and significant acts of corruption in ,haiti1 including public and private sector actors1 and hold them accountable for their actions4 7#c7 ,addressing concerns of impunity for the alleged perpetrators1 as well as the intellectual authors1 of the ,la ,saline massacre4 7#d7 ,urging authorities to continue to investigate attacks in the ,la ,saline and ,bel ,air neighborhoods from #bjah through #bjbathat left dozens dead in order to bring the perpetrators to justice4 7b7 ,briefing 7#a7 ,elements ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall brief the appropriate congressional committees on the happenings on ,november #ac1 #bjah1 in the ,port-au-,prince neighborhood of ,la ,saline1 and its aftermath4 ,the briefing shall include-- 7,a7 an examination of any links between the massacre in ,la ,saline and mass protests that occurred concurrently in the country2 7,b7 an analysis of the reports on the ,la ,saline massacre authored by the ,united ,nations1 the ,european ,union1 and the ,government of ,haiti2 7,c7 a detailed description of all known perpetrators1 as well as the intellectual authors1 of the shootings2 7,d7 an overview of efforts taken by the ,haitian ,government to bring the perpetrators1 as well as the intellectual authors1 of the ,la ,saline massacre to justice and to prevent other similar attacks2 and 7,e7 an assessment of the ensuing treatment and displacement of the survivors of the ,la ,saline massacre4 7#b7 ,consultation ,in the briefing required under paragraph 7#a71 the ,secretary of ,state shall consult with nongovernmental organizations in ,haiti and the ,united ,states4 #e4 ,actions to promote freedom of the press and assembly in haiti ,the ,secretary of ,state shall prioritize the promotion of freedom of the press and freedom of assembly1 as well as the protection of journalists in ,haiti by the following methods3 7#a7 ,advocating to ,haitian authorities for increased protection for journalists and the press and for the freedom to peacefully assemble or protest in ,haiti4 7#b7 ,collaborating with government officials and representatives of civil society to develop and implement legal protections for journalists in ,haiti4 7#c7 ,supporting efforts to strengthen transparency in ,haiti's public and private sectors1 as well as access to information in ,haiti4 7#d7 ,supporting efforts to strengthen the capacity of independent journalists and increase access to resources for investigative journalism4 #f4 ,actions to support post-earthquake1 post-hurricane and post-covid-#ai recovery and development in haiti ,the ,secretary of ,state1 in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development 7,,usaid71 shall prioritize post-earthquake and post-hurricane recovery and development efforts in ,haiti by the following methods3 7#a7 ,collaborating with the ,haitian ,government on a detailed and transparent development plan that includes clear objectives and benchmarks4 7#b7 ,building the capacity of ,haitian-led public1 private1 and nongovernmental sector institutions in ,haiti through post-earthquake and post-hurricane recovery and development planning4 7#c7 ,assessing the impact of both the ,united ,states' and the international community's recovery and development efforts in ,haiti since ,january #bjaj4 7#d7 ,supporting disaster resilience and reconstruction efforts4 7#e7 ,addressing the underlying causes of poverty and inequality1 and improving access to health resources1 clean water1 food1 and shelter4 7#f7 ,assessing the impact of the ,,covid-#ai pandemic on post-disaster recovery efforts and evaluating ,united ,states support to help with pandemic response efforts in ,haiti1 including providing technical assistance and preventing other infectious disease outbreaks4 #g4 ,report 7a7 ,report content ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development1 and other relevant agencies and departments1 shall submit to the appropriate congressional committees a report that includes-- 7#a7 a strategy for carrying out the initiatives described in sections #d1 #e1 and #f1 including established baselines1 benchmarks1 and indicators to measure outcomes and impact2 7#b7 an assessment of major corruption committed among the public and private sectors1 and1 as practical and appropriate1 an assessment of corruption prosecutions investigated by the ,haitian judiciary since ,january #bjae2 7#c7 an overview of efforts taken by the ,haitian ,government to address corruption1 including the ,petrocaribe scandal1 and corrective measures to strengthen and restore trust in ,haiti's public institutions2 7#d7 a description of ,united ,states ,government efforts to consult and engage with ,haitian ,government officials and independent civil society groups focused on monitoring corruption and human rights abuses and promoting democracy and press freedom in ,haiti since ,january #bjae2 7#e7 a description of the ,haitian ,government's response to civic protests that have taken place since ,july #bjah and any allegations of human rights abuses1 including attacks on journalists2 7#f7 an assessment of ,united ,states security assistance to ,haiti1 including the ,united ,states support to the ,haitian ,national ,police and an assessment of compliance with section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d7 and section #cfb of title #aj1 ,united ,states ,code 7commonly referred to as the ,leahy ,laws72 7#g7 a description of the ,haitian ,government's efforts to support displaced survivors of urban and gang violence2 7#h7 an assessment of the impact of presidential decrees on the health of ,haiti's democratic institutions and safeguarding of human rights1 including reducing the authority of the ,superior ,court of ,accounts and ,administrative ,litigation1 promulgating an antiterrorism law1 and establishing the ,national ,intelligence ,agency1 as well as retiring and subsequently appointing judges to the ,supreme ,court of ,haiti2 7#i7 a plan in collaboration with the ,haitian ,government on efforts to support development goals since ,january #bjae1 including steps taken to-- 7,a7 strengthen institutions at the national and local levels2 and 7,b7 strengthen democratic governance at the national and local levels2 7#aj7 an analysis of the effectiveness and sustainability of ,united ,states-financed development projects1 including the ,caracol ,industrial ,park and supporting infrastructure2 7#aa7 a breakdown of procurement from ,haitian small- and medium-sized businesses and nongovernmental organizations by the ,united ,states and ,haitian governments for development and humanitarian activities by year since #bjae1 and a description of efforts to increase local procurement1 including food aid2 7#ab7 a description of ,united ,states efforts taken since ,january #bjaj to assist the ,haitian people in their pursuits for free1 fair1 and timely democratic elections2 7#ac7 quantitative and qualitative indicators to assess progress and benchmarks for ,united ,states initiatives focused on sustainable development in ,haiti1 including democracy assistance1 economic revitalization1 natural disaster recovery1 pandemic response1 resilience1 energy and infrastructure1 health1 and food security2 and 7#ad7 a risk assessment of conflict1 instability1 and violence in ,haiti that includes information relating to-- 7,a7 systemic patterns and causes of violence and subsequent impunity relating to massacres1 death threats1 kidnappings1 armed attacks1 and firearm-related violence1 with analysis of the roles of the various actors and beneficiaries who play a part1 including ,haitain ,government actors2 7,b7 gang activity and its role in the recent wave of kidnappings and the capacities of the police force to address the most serious manifestations of insecurity2 7,c7 the scope and role of criminal activity and its linkages to political forces1 particularly leading up to elections2 and 7,d7 implications of the lack of independence of ,haiti's judicial system4 7b7 ,consultation ,in preparing the report required under subsection 7a71 the ,secretary of ,state and the ,,usaid ,administrator shall consult with nongovernmental organizations and civil society groups in ,haiti and the ,united ,states1 as well as the ,government of ,haiti where appropriate4 7c7 ,public availability ,the report required under subsection 7a7 shall be made publicly available on the website of the ,department of ,state4 #h4 ,sunset 7a7 ,repeal ,the ,assessing ,progress in ,haiti ,act 7#bb ,u4,s4,c4 #baean2 ,public ,law #aac-afb7 is repealed4 7b7 ,termination ,this ,act shall terminate on ,december #ca1 #bjbe4 #i4 ,definitions ,in this ,act the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives2 and 7#b7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate4 ,passed the ,house of ,representatives ,june #bi1 #bjba4;,clerk4